105-242.1. Procedure for attachment and garnishment.
(a) Notice. - G.S. 105-242 specifies when intangible property is subject to attachment and garnishment. Before the Department attaches and garnishes intangible property in payment of a tax, the Department must send the garnishee a notice of garnishment. The notice must be sent in accordance with the methods authorized in G.S. 105-241.20 or, with the agreement of the garnishee, by electronic means. The notice must contain all of the following information, unless the notice is an electronic notice subject to subsection (a1) of this section:
(1) The taxpayer's name.
(2) The taxpayer's social security number or federal identification number.
(3) The amount of tax, interest, and penalties the taxpayer owes.
(4) An explanation of the liability of a garnishee for tax owed by a taxpayer.
(5) An explanation of the garnishee's responsibility concerning the notice.
(a1) Electronic Notice. - Before the Department sends an electronic notice of garnishment to a garnishee, the Department and the garnishee must have an agreement that establishes the protocol for transmitting the notice and provides the information required under subdivisions (4) and (5) of subsection (a) of this section. An electronic notice must contain the information required under subdivisions (1), (2), and (3) of subsection (a) of this section.
(b) Action. - A garnishee must comply with a notice of garnishment or file a written response to the notice within the time set in this subsection. A garnishee that is a financial institution must comply or file a response within 20 days after receiving a notice of garnishment. All other garnishees must comply or file a response within 30 days after receiving a notice of garnishment. A written response must explain why the garnishee is not subject to garnishment and attachment.
Upon receipt of a written response, the Department must contact the garnishee and schedule a conference to discuss the response or inform the garnishee of the Department's position concerning the response. If the Department does not agree with the garnishee on the garnishee's liability, the Department may proceed to enforce the garnishee's liability for the tax by sending the garnishee a notice of proposed assessment in accordance with G.S. 105-241.9.
(c) Release. - A notice of garnishment sent to a financial institution is released when the financial institution complies with the notice. A notice of garnishment sent to all other garnishees is released when the Department sends the garnishee a notice of release. A notice of release must state the name and social security number or federal identification number of the taxpayer to whom the release applies.
(d) Financial Institution. - As used in this section, the term "financial institution" has the same meaning as in G.S. 53B-2. (2007-491, s. 30; 2010-31, s. 31.8(i).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9 - General Administration; Penalties and Remedies.
§ 105-228.90 - Scope and definitions.
§ 105-230 - Charter suspended for failure to report.
§ 105-231 - Recodified as the second paragraph of § 105-230 by S.L1998-212, s29A.14(k).
§ 105-232 - Rights restored; receivership and liquidation.
§ 105-235 - Every day's failure a separate offense.
§ 105-236 - Penalties; situs of violations; penalty disposition.
§ 105-236.1 - Enforcement of revenue laws by revenue law enforcement agents.
§ 105-237 - Waiver; installment payments.
§ 105-237.1 - Compromise of liability.
§ 105-239.1 - Transferee liability.
§ 105-240 - Tax upon settlement of fiduciary's account.
§ 105-240.1 - Agreements with respect to domicile.
§ 105-241 - Where and how taxes payable; tax period; liens.
§ 105-241.01 - Electronic filing of returns.
§ 105-241.6 - Statute of limitations for refunds.
§ 105-241.7 - Procedure for obtaining a refund.
§ 105-241.8 - Statute of limitations for assessments.
§ 105-241.9 - Procedure for proposing an assessment.
§ 105-241.10 - Limit on refunds and assessments after a federal determination.
§ 105-241.11 - Requesting review of a proposed denial of a refund or a proposed assessment.
§ 105-241.12 - Result when taxpayer does not request a review.
§ 105-241.13 - Action on request for review.
§ 105-241.13A - Taxpayer inaction.
§ 105-241.14 - Final determination after Departmental review.
§ 105-241.15 - Contested case hearing on final determination.
§ 105-241.16 - Judicial review of decision after contested case hearing.
§ 105-241.17 - Civil action challenging statute as unconstitutional.
§ 105-241.19 - Declaratory judgments, injunctions, and other actions prohibited.
§ 105-241.20 - Delivery of notice to the taxpayer.
§ 105-241.21 - Interest on taxes.
§ 105-241.22 - Collection of tax.
§ 105-241.23 - Jeopardy assessment and collection.
§ 105-242.1 - Procedure for attachment and garnishment.
§ 105-242.2 - Personal liability when certain taxes not paid.
§ 105-243 - Taxes recoverable by action.
§ 105-243.1 - Collection of tax debts.
§ 105-244.1 - Cancellation of certain assessments.
§ 105-244.2 - Expired pursuant to its own terms, effective January 1, 2010.
§ 105-244.3 - Sales tax base expansion protection act.
§ 105-244.4 - Reduction of certain sales tax assessments.
§ 105-245 - Failure of sheriff to execute order.
§ 105-246 - Actions, when tried.
§ 105-247 - Municipalities not to levy income and inheritance tax.
§ 105-248 - Purpose of State taxes.
§ 105-250 - Law applicable to foreign corporations.
§ 105-251 - Information required of taxpayer and corrections based on information.
§ 105-251.2 - Compliance informational returns.
§ 105-254 - Secretary to furnish forms.
§ 105-254.1 - Identification of veterans on income tax form D-400.
§ 105-255 - Secretary of Revenue to keep records.
§ 105-256 - Publications prepared by Secretary of Revenue; report on fraud prevention progress.
§ 105-256.1 - Corporate annual report.
§ 105-257 - Department may charge fee for report or other document.
§ 105-258.1 - Taxpayer interviews.
§ 105-258.2 - Taxpayer conversations.
§ 105-258.3 - Power of attorney.
§ 105-259 - Secrecy required of officials; penalty for violation[Effective until January 1, 2023]
§ 105-260 - Evaluation of Department personnel.
§ 105-260.1 - Delegation of authority to hold hearings.
§ 105-261 - Secretary and deputies to administer oaths.
§ 105-262.1 - Rules to exercise authority under G.S105-130.5A.
§ 105-263 - Timely filing of mailed documents and requests for extensions.
§ 105-264 - Effect of Secretary's interpretation of revenue laws.
§ 105-264.1 - Secretary's interpretation applies to local taxes that are based on State taxes.
§ 105-264.2 - Publication of written determinations.
§ 105-266.2 - Refund of tax paid on substantial income later restored.
§ 105-268 - Reciprocal comity.
§ 105-268.1 - Agreements to coordinate the administration and collection of taxes.
§ 105-268.2 - Expenditures and commitments authorized to effectuate agreements.
§ 105-268.3 - Returns to be filed and taxes paid pursuant to agreements.
§ 105-269 - Extraterritorial authority to enforce payment.
§ 105-269.1 - Local authorities authorized to furnish office space.
§ 105-269.3 - Enforcement of Subchapter V and fuel inspection tax.
§ 105-269.4 - Election to apply income tax refund to following year's tax.
§ 105-269.5 - Contribution of income tax refund to Wildlife Conservation Account.
§ 105-269.13 - Debts not collectible under North Carolina law.
§ 105-269.14 - Payment of use tax with individual income tax.